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STATE v. GHEGAN

213 N.J. Super. 383 (1986)

517 A.2d 490

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BARBARA J. GHEGAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1986.

Attorney(s) appearing for the Case

John H. Schmidt, Jr., argued the cause for the appellant (Lindabury, McCormick & Estabrook, attorneys).

Mark Schneider, Assistant Prosecutor, argued the cause for the respondent (John H. Stamler, Union County Prosecutor, attorney).

Before Judges FURMAN and STERN.

The opinion of the court was delivered by FURMAN, P.J.A.D.

Defendant appeals from her conviction of drunk driving, N.J.S.A. 39:4-50, following a trial de novo in the Law Division on the Municipal Court transcript. We reverse and remand.

The Law Division Judge erroneously applied State v. Kreyer, 201 N.J.Super. 202 (App.Div. 1985). Kreyer, in his view, mandated a conviction based upon the...

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